Sunkett v. Ruiz et al

Filing 29

ORDER Dismissing Case With Prejudice re 28 Motion to Dismiss. Approximately one year and two months have passed, and Plaintiff has not filed an amended Complaint. Accordingly, the Court grants Defendants' Motion to Dismiss Plaintiff's Complaint in its entirety with prejudice. This concludes the litigation in this matter. Signed by Judge Janis L. Sammartino on 5/12/2017. (All non-registered users served via U.S. Mail Service)(dxj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GLENN S. SUNKETT,

Case No.: 14-cv-2649-JLS (KSC)
Plaintiff,

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v.

ORDER DISMISSING CASE WITH
PREJUDICE

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RUIZ, et al.,

(ECF No. 28)
Defendants.

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Presently before the Court is Defendants’ Motion to Dismiss Plaintiff’s Complaint
with Prejudice (“Mot. to Dismiss”). (ECF No. 28.) On November 5, 2014, Plaintiff filed
the instant case. (ECF No. 1.) Defendants soon thereafter filed a Motion to Dismiss and
Motion for Summary Judgment. (ECF No. 16.) Magistrate Judge Karen S. Crawford issued
a Report and Recommendation, (ECF No. 25), to which no party objected, and which the
Court adopted, (ECF No. 26). In so doing, the Court dismissed all of Plaintiff’s claims and
granted Plaintiff leave to amend one specific cause of action if he did so within thirty days.
(Id.)
Approximately one year and two months have passed, and Plaintiff has not filed an
amended Complaint. Accordingly, the Court GRANTS Defendants’ Motion to Dismiss
Plaintiff’s Complaint in its entirety with prejudice. See Fed. R. Civ. P. 41(b) (“If the
plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may

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14-cv-2649-JLS (KSC)

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move to dismiss the action or any claim against it.”); see Lira v. Herrera, 427 F.3d 1164,

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1169 (9th Cir. 2005) (“If a plaintiff does not take advantage of the opportunity to fix his

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complaint, a district court may convert the dismissal of the complaint into dismissal of the

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entire action.”). Because this concludes the litigation in this matter, the Clerk SHALL close

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the file.

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IT IS SO ORDERED.
Dated: May 12, 2017

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14-cv-2649-JLS (KSC)